ALJDEC - Licensing
2022A-11194-NPC-ROC · Registrar of Contractors · 2023-04-18
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
The Harlan Company,
COMPLAINANT
v.
VVP Enterprises LLC
License No. ROC 325572,
RESPONDENT
No. 2022A-11194-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: April 12, 2023
APPEARANCES: Ruth Harlan appeared on behalf of Complainant The Harlan Company. No representative from Respondent VVP Enterprises LLC appeared.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
_____________________________________________________________________
FINDINGS OF FACT
VVP Enterprises LLC (Respondent) is the holder of License No. 325572 issued by the Registrar of Contractors (Registrar).
On or about December 6, 2022, The Harlan Company (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $4,056.94 for HVAC materials supplied by Complainant.
The parties were unable to resolve their differences, and Complainant requested an administrative hearing. The Registrar then issued a Citation for Alleged Violation of A.R.S. § 32-1154(A)(10) on January 4, 2023.
On or about January 19, 2023, Respondent timely e-mailed a Response to the Citation.
The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.
The Registrar issued a Notice of Hearing, setting a hearing at 1:00 p.m. on March 14, 2023. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
By order dated February 6, 2023, the parties were advised the hearing would be held via Google Meet.
Prior to the hearing on March 14, 2023, the Complainant graciously agreed to continue the matter to allow Respondent additional time to pay the amount due. The parties were present when a new hearing date was selected, and the tribunal issued an Order setting the new hearing, and e-mail the same to Qualifying Party, Oliverio Espinoza, who provided his e-mail to the tribunal.
The hearing was held as scheduled on April 13, 2023. Ms. Harlan appeared on behalf of Complainant.
The Tribunal waited for fifteen minutes, but Respondent failed to appear. Because Respondent did not appear through an authorized member, employee, or attorney, Respondent did not present any evidence to defend its license.
Ms. Harlan testified that the total due to Complainant was $4,065.94 for the HVAC materials supplied to Respondent.
Ms. Harlan testified that Respondent had submitted a credit application in May 2012. Further, Ms. Harlan testified that Invoices 139700, 139858, 139820, 139890, 139973, 140123, 140198, 140259, and 140989, all went unpaid.
Finally, Ms. Harlan testified that since the agreement to continue the mater on March 14, 2023, no payments were made.
CONCLUSIONS OF LAW
The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is by a preponderance of the evidence. See A.A.C. R2-19-119.
A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960).
A.R.S. § 32-1154(A)(10) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license,
[f]ailure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.
The evidence established that Respondent owed a total of $4,065.94 for materials supplied.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $4,065.94 for materials rendered in connection with Respondent’s contracting business.
Based upon Respondent’s violation of the provisions of A.R.S. § 32-1154(A)(10), grounds exist to impose discipline against Respondent’s license.
RECOMMENDed order
Based on the foregoing, it is recommended that the Registrar suspend VVP Enterprises LLC’s License No: 325572 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $4,065.94 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $4,065.94 in certified funds, the Registrar may close the Complaint in Case No. 2022-11194.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.
Done this day, April 18, 2023.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Martín Quezada, Director
Registrar of Contractors
VVP Enterprises LLC
Oliverio Espinoza
[email redacted]
[email redacted]
The Harlan Company
711 W. Madison St
Phoenix, AZ 85007-3113
[email redacted]
By: OAH Staff